a w moshi vs edson j s nkisi 2003 tzhc 36 31 march 2003

a w moshi vs edson j s nkisi 2003 tzhc 36 31 march 2003

The trial magistrate erred in law by granting judgment without giving the defendant the opportunity to file a written statement of defence as previously ordered. The judgment entered on 14th June 2002 was bad in law and cannot be upheld.

Citation
a w moshi vs edson j s nkisi 2003 tzhc 36 31 march 2003
Parties
Appellant: A.H. Moshi; Respondent: Edson J.S. Kkisi
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 March 2003
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Summary Suit, Setting Aside Ex Parte Judgment, Right to Defend
Source Language
English
Civil Procedure Summary Suit Setting Aside Ex Parte Judgment Right to Defend

Case Brief

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Parties

A.H. Moshi

Appellant

Edson J.S. Kkisi

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the District Court acted properly in law and fact in entering judgment for the plaintiff in a summary suit and refusing to set it aside
  2. 2 Whether the defendant was denied the right to file a written statement of defence and defend the suit

Ratio Decidendi

The trial magistrate erred in law by granting judgment without giving the defendant the opportunity to file a written statement of defence as previously ordered. The judgment entered on 14th June 2002 was bad in law and cannot be upheld.

Court Disposition

appeal allowed

Orders

  • Case file to be returned to the District Court for hearing of the application filed on 27th May 2002 and for the suit to be determined according to law
  • Each party to bear its own costs